Practicing Equal Employment Opportunity Law on Behalf of an Employer: An Overview

• Published in: Kentucky law journal Vol. 61; no. 4; pp. 879 - 899
• Main Author: Pope, W Nicholas
• Format: Journal Article
• Language: English
• Published: 01-01-1972
• Subjects: Discrimination; Employment; Equal/Equality/Equalization; Law/Laws (see also Legal, Legislation)
• ISSN: 0023-026X

The basic function assigned the Equal Employment Opportunity Commission is to ensure that employers refrain from discriminating against applicants on functionally irrelevant grounds. After investigation for which it is allowed subpoena power, the EEOC can act as conciliator, either before or after formal decision by the EEOC. Should conciliation fail or the charging party be unsatisfied, the case can be heard in federal district court, in which the plaintiff must prove the discrimination in fact occurred (intent need not be proven); under a Supreme Court ruling (Griggs vs Duke Power Co, 1971) tests of qualification must be functionally relevant. EEOC supported court action may take the form of class action suits, with such awards as back pay to potential employees who were not hired. The current trend is toward suits on behalf of fairly specific classes, to make the scope of legal action more manageable. Recent developments include the requirement that pregnancy be classed as a temporary disability. If an attorney is to practice EEOC law on behalf of an employer, he must be thoroughly familiar with the employer's business & be prepared to locate potential grounds for suit, forestalling EEOC charges rather than simply resisting them. W. H. Stoddard.